Colorado § 24-75-230 - Behavioral and mental health cash fund - creation - allowable uses - task force - definitions - repeal.

§ 24-75-230. Behavioral and mental health cash fund - creation - allowable uses - task force - definitions - repeal.

(1) As used in this section, unless the context otherwise requires:

(a) "American Rescue Plan Act of 2021" means the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended.

(b) "Department" means a principal department identified in section 24-1-110 and the judicial department. The term also includes the office of the governor, including any offices created therein.

(c) "Fund" means the behavioral and mental health cash fund created in subsection (2)(a) of this section or an identical companion fund created by operation of section 24-75-226 (4)(c).

(2) (a) The behavioral and mental health cash fund is created in the state treasury. The fund consists of money credited to the fund in accordance with subsection (2)(b) of this section and any other money that the general assembly may appropriate or transfer to the fund. The general assembly may appropriate money from the fund to a department for behavioral health care.

(b) (I) Three days after June 28, 2021, the state treasurer shall transfer five hundred fifty million dollars from the "American Rescue Plan Act of 2021" cash fund created in section 24-75- 226 to the fund.

(II) Repealed.

(c) On July 1, 2024, the state treasurer shall transfer four million dollars from the general fund to the fund, which must be expended for the purposes specified in section 27-60-502 (2)(c)(I)(D).

(3) (a) (I) A department may expend money that originates from money the state received from the federal coronavirus state fiscal recovery fund that is appropriated from the fund for purposes permitted under the "American Rescue Plan Act of 2021" Pub.L. 117-2, as the act may be subsequently amended, and shall not use the money for any purpose prohibited by the act. A department or any person who receives money from the fund shall comply with any requirements set forth in section 24-75-226.

(II) A department may expend money appropriated from the fund that was credited to the fund in accordance with subsection (2)(b) of this section for purposes permitted under the "American Rescue Plan Act of 2021" Pub.L. 117-2, as the act may be subsequently amended, and shall not use the money for any purpose prohibited by the act. A department or any person who receives such money from the fund shall comply with any requirements set forth in section 24-75-226.

(b) Repealed.

(3.5) to (3.8) Repealed.

(4) (a) The executive committee of the legislative council shall, by resolution, create a task force to meet during the 2021 interim and issue a report with recommendations to the general assembly and the governor on policies to create transformational change in the area of behavioral health using money the state receives from the federal coronavirus state fiscal recovery fund under title IX, subtitle M of the "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended.

(b) The task force may include nonlegislative members and have working groups created to assist them. The executive committee shall hire a facilitator to guide the work of the task force.

(c) The task force created in this section is not subject to the requirements specified in section 2-3-303.3 or rule 24A of the joint rules of the senate and the house of representatives. The executive committee shall specify requirements governing members' participation in the task force. The task force shall not submit bill drafts as part of their recommendations.

(4.3) On June 30, 2025, the state treasurer shall transfer from the fund to the general fund seven million two hundred sixty-one thousand two hundred eight dollars and fifty-five cents of money that did not originate from the money the state received from the federal coronavirus state fiscal recovery fund.

(4.5) On June 30, 2026, the state treasurer shall transfer from the fund to the general fund one million five thousand eight hundred fifty dollars and twenty-four cents of money that did not originate from the money the state received from the coronavirus state fiscal recovery fund.

(4.8) On December 31, 2026, the state treasurer shall transfer any unexpended and unencumbered money in the fund that originates from the ARPA refinance state money cash fund to the ARPA refinance state money cash fund; except that, notwithstanding section 24-75-226.5 (6), the state treasurer shall not transfer unspent money appropriated from the fund to the department of human services for capital construction related to the construction of a neuro-psych facility at the Colorado mental health institute at Fort Logan.

(4.9) On June 30, 2027, the state treasurer shall transfer the unexpended and unencumbered money in the fund that did not originate from the money the state received from the coronavirus state fiscal recovery fund to the general fund.

(5) This section is repealed, effective July 1, 2027.

Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2384, § 32, effective June 28. L. 2022: (2)(b)(II) repealed, (HB 22-1342), ch. 137, p. 922, § 13, effective April 25; (2)(a) amended, (HB 22-1411), ch. 271, p. 1956, § 5, effective May 27. L. 2024: (2)(c) added (HB 24-1176), ch. 251, p. 1661, § 2, effective May 24; (3) amended and (4.8) added (HB 24-1466), ch. 429, p. 2936, § 11, effective June 5; (2)(a), (3), and (5) amended and (3.5) and (3.7) added, (HB 24-1349), ch. 423, p. 2900, § 4, effective December 17 (see editor's note). L. 2025: (4.3) added, (SB 25-312), ch. 301, p. 1535, § 5, effective May 30; (2)(a) and (5) amended, (3)(b), (3.5), and (3.7) repealed, and (3.8) added, (SB 25-295), ch. 330, p. 1712, § 1, effective May 31. L. 2026: (4.5) and (4.9) added and (4.8) amended, (HB 26-1407), ch. 256, p. 1422, § 4, effective May 29.

Editor's note: (1) Section 19(1) of chapter 423 (HB 24-1349), Session Laws of Colorado 2024, provides that changes to this section take effect only if a majority of voters approve the ballot issue referred in accordance with § 39-37-201 at the November 2024 statewide election, and, if the voters approve the ballot measure, the changes to this section are effective on the date of the official declaration of the vote by the governor. The ballot issue, referred to the voters as Proposition KK, was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024, see L. 2025, p. 3636. The vote count for the measure was as follows:

FOR: 1,675,123

AGAINST: 1,406,112

(2) Amendments to subsection (3) by HB 24-1466 and HB 24-1349 were harmonized, effective on the date of the official declaration of the vote thereon by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with § 39-37-201, Colorado Revised Statutes. The ballot issue, referred to the voters as Proposition KK, was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024, see L. 2025, p. 3636. The vote count for the measure was as follows:

FOR: 1,675,123

AGAINST: 1,406,112

(3) Subsection (3.8)(b) provided for the repeal of subsection (3.8), effective July 1, 2026. (See L. 2025, p. 1712.)

Cross references: (1) For the short title ("Behavioral Health Recovery Act of 2021") and the legislative declaration in SB 21-137, see sections 1 and 2 of chapter 362, Session Laws of Colorado 2021.

(2) For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.